Sanjay Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45390 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- HATHAURI District- Muzaffarpur ====================================================== Sanjay Sahni S/o Sindheshwar Sahni @ Singheshwar Sahani R/o vill - Dakrama, P.S. - Hathauri, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Hathauri P.S Case No. 25 of 2024 instituted for the offence punishable under Sections 272, 273, 420, 467, 468 and 471/34 of the Indian Penal Code and Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation in the FIR, total 94.500 litres of illicit foreign liquor has been recovered from a Centro car bearing registration no.BR-01AL-6924.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is named in the FIR and he has got no
Patna High Court CR. MISC. No.45390 of 2024(4) dt.18-01-2025 2/2 criminal antecedent as stated in para-3 of the petition.
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may affect the investigation of this case.
6. From perusal of the F.I.R., seizure list, case diary and impugned order dated 09.05.2024, it appears that the alleged recovery of foreign liquor has been recovered from the said vehicle and the present petition is barred by Section 76 (2) of Bihar Prohibition and Excise Act, 2016, so I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T